JK 3225 

1842 
Copy 1 



JK 3225 
1842 



copy i ^^v^.yi^^, 



State of Rhode-Island and Providence 
Plantations. 

IN GENERAL ASSEMBLY, MARCH SESSION, 1842. 



REPORT 



OF THE 



COMMITTEE 

ON THE 

ACTION OF THE GENERAL ASSEMBLY, ON THE 
SUBJECT OF THE CONSTITUTION. 






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REPORT 

Of the Committee on the action of the General Assembly 
on the subject of the Constitution. 

The Committee to whom were referred the joint resolution, re- 
quiring them to report to this Assembly a statement of all the im- 
portant facts, connected with the formation and rejection of the 
Constitution lately submitted to the people of this State for approval 
or rejection, and also to report their opinion, whether any legislation 
on said subject is now necessary, and if any, what ; beg leave to re- 
port. 

That those who have set themselves in opposition to the govern- 
ment of this State have pretended that it was an aristocracy, and not 
republican in its form. On the contrary, your committee have no 
hesitation is asserting that this State from its settlement, has possessed 
a democratic form of government. 

The first Charter obtained under the authority of the parliament 
of England in 1643-4, and the last Charter obtained in 1663. from 
Charles the II, secured to the people of this State the right of self 
government. Under that form of government which has descended 
to us from the patriarchs of the colony, the people have enjoyed a 
degree of civil and religious freedom which has never been exceed- 
ed, and seldom equalled in any other State. 

This form of government has been found sufficient in peace and 
in war, in times when our people acknowledged allegiance to the 
crown of England, and since the declaration of independence. Under 
this form of government the people of this State became parties to 
the declaration of independence, to the union of the States under the 
confederation, and to the Constitution of the United States, under 
which we have enjoyed so much prosperity and happiness. 

The Charter of 1663 having fixed the representation of the towns, 
without any reference to their subsequent population, the altered 
circumstances of the State has produced an inequality of representa- 
tion from the towns in the House of Representatives which has 
created some dissatisfaction in that portion of the State which has 
most increased in population. Within the last eighteen years 
three attempts have been made to form a Constitution of government 
for this State, under the sanction of acts of this General Assembly. 



These attempts have failed in two instances by the vote of the 
people, in 1824, and in 1842, and by the failure of the Convention 
in 1834 to form a Constitution. 

This General Assembly has thus manifested a disposition to afford 
every facility to the people of this State, which was necessary to en- 
able them to repeal or reform, or remodel at their pleasure their funda- 
mental laws. The unequal representation of the towns has not 
therefore influenced this General Assembly so as to prevent the ac- 
tion of the freemen at large on this subject. And as a further in- 
stance of the liberality of this General Assembly, in the last attempt 
that was made to form a Constitution, the basis of representation in 
the Convention was altered by an act of the Assembly, so as to ren- 
der the people more equally represented in that body which was to 
form the Constitution. 

In the attempts to form a Constitution in 1824, and 1834, but 
very few were desirous of changing the freehold qualification for the 
right of suffrage. In the Convention of 1824, Mr. Pearce made a 
motion to extend the right of suffrage, to persons who did not pos- 
sess a freehold, which was almost unanimously rejected, three only 
voting in its favor. In 1834 a similar motion was made by Mr. 
Dorr, and but seven voted in its favor. 

At the January session of the General Assembly, 1841, a memo- 
rial from the town of Smithfield, was referred to a select committee 
of the House of Representatives, of which the Hon. Asher Robbins 
was chairman, who in behalf of said committee, reported as follows: 

" The select committee to whom was referred the memorial of 
the town of Smithfield, praying this General Assembly to take the 
subject of the extreme inequality of the present representation from 
the several towns under consideration, and in such manner as seems 
most practicable and just to correct the evil complained of," have had 
the same under consideration, and the committee believing that the 
regular and rightful way of obtaining the object prayed for is by a 
convention of the freemen of the State, acting in their sovereign ca- 
pacity on the subject, report the following resolution for adoption. 

Resolved, by the General Assembly, (the Senate concurring with; 
the House of Representatives therein) that it be recommended to 
the freemen of the State at the several town meetings in April, to 
instruct their Representatives as to their wishes for a State Con- 
vention to frame a new Constitution for this State, in whole or in 
part, with full power for that purpose. 

After some remarks from several members on motion of Mr. Rob- 
bins, on the fifth of February, 1841, this resolution was recom- 
mitted to report in the morning, and the report was made the order 
of the day for the morrow. On the next day the memorial of the 



town of Smithfield was taken up, and the resolution as amended by 
the committee, and after considerable debate on the question, 
whether the freemen should be called upon first to instruct their 
Representatives on the subject of calling a convention, or whether 
the General Assembly should pass a bill as heretofore immediately 
for calling a Convention — the latter course was adopted. Resolu- 
tions were then passed by this General Assembly requesting the 
freemen to choose in August, delegates to attend a Convenlion to be 
holden at Providence, on the first Monday of November, A. D. 1841 
to frame a new Constitution for this State, either in whole or in 
part, with full power for this purpose, and if only for a Constitution 
in part, that said Convention have under their especial consideration 
the expediency of equalizing the representation of the towns in the 
House of Representatives. 

At this January session, printed petitions were presented, signed 
by about six hundred persons in all, as follows : 

To the Hon. the General Assembly of the State of Rhode- Is land. 

The undersigned, inhabitants and citizens of the State of Rhode- 
Island, would respectfully represent to your Honorable Body, that 
they conceive that the dignity of the State would be advanced, and 
the liberties of the citizen better secured, by the abrogation of the 
Charter granted unto this State by King Charles the Second of 
England, and by the establishment of a Constitution which should 
more effectually define the authority of the Executive and Legisla- 
tive branches and more strongly recognize the rights of the citizens. 
Your petitioners would not take the liberty of suggesting to your 
Honorable # Body, any course which should be pursued, but would 
leave the whole affair in your hands, trusting to the good sense and 
discretion of the General Assembly. 

Your petitioners would further represent to the General Assembly 
that they conceive that an extension of suffrage, to a greater portion 
of the white male residents of the State, would be more in accord- 
ance with the spirit of our institutions, than the present system of 
the State, and for such an extension they ask. 

Your petitioners would not suggest any system of suffrage, but 
would leave the matter to the wisdom of the General Assembly. 

Upon both the prayers of your petitioners, they would ask the im- 
mediate and efficient action of the General Assembly, and as in duty 
bound will ever pray. 

Signed by ELISHA DILLINGHAM, and about 580 others. 

The prayer of these petitions was answered by the action of the 
Assembly on the Smithfield memorial. Any extension of the right 



of Suffrage was most proper for the people acting by their delegates 
in Convention. Such a convention the General Assembly had every 
reason to believe would be formed under the resolutions which they 
had adopted. 

At the last May session of this General Assembly, Mr. Mowry, of 
Smithfield submitted a resolution, that the resolution for a conven- 
tion, to form a Constitution for the State be amended so as to elect 
the members in proportion to the number of delegates the towns would 
severally be entitled to, according to the last census, not exceeding 
six, to one town. 

Mr. Atwell then said (if he has been reported correctly) that in con- 
nection with the resolution he would call for the petition of Elisha 
Dillingham and others for extending Suffrage, presented at the last 
session ; as he thought when settling, as to how many delegates should 
be elected, we should enquire as to who should elect those delegates. 

Mr. Ames advocated the passage of Mr. Mowry's resolution. 

The resolution of Mr. Mowry, was adopted by the House by a 
vote of 48 to 20. 

The next day, Mr. Atwell presented a bill which he had been 
requested to offer as meeting the views of a large portion of our citi- 
zens. It provided for a new apportionment of representation and 
an extension of Suffrage in choosing delegates for the Convention to 
frame a Constitution. 

Mr. Atwell (according to the published report) said he was not 
then prepared to say he could go the length of the friends of the bill 
proposed. He wished the bill read and referred to the Committee 
on the Judiciary to report in June, and the bill was so disposed of. 

At the last June Session (according to the published account) Mr. 
Atwell made a minority report from the Committee on the Judiciary, 
to whom was referred the act sent to the House as aforesaid. The 
substance of the report was, that every white male citizen of the 
United States over 21 years of age, who has resided in this State 
two years, and in the town or city where he is to vote, for six months 
next preceeding the town meeting, and who has paid a tax on real 
estate or personal property, for one year previous to the time of vot- 
ing, shall be allowed to vote for the choice of delegates to the Con- 
vention appointed by the General Assembly, to meet in November 
next for the purpose of forming a Constitution, except persons in- 
sane, under guardianship and convicts. 

There was much debate in the House growing out of this report, 
some denying the power of the House to pass such an act. Others 
admitting the power of the House, but denying its propriety. The 
report was defended as to the power of the Assembly, and the pro- 
priety of such an act. On the question fifty-two voted against the 
act proposed by Mr. Atwell, and ten in its favor. 



Mr. Spencer, who voted against the act, said that the proper 
course for those who wished for an extension of Suffrage, is to go to 
the Convention appointed for the purpose of considering that subject 
with others, and if they found no redress there, then the proper 
course would be to come here. 

This course so plain and proper, was not adopted ; on the contrary, 
measures were taken to extend Suffrage by the act of those who by 
law were not entitled to Suffrage, by a movement revolutionary in 
its character, and without any such necessity or oppression as must 
exist to justify revolution. 

The refusal of the General Assembly to extend the right of elect- 
ing delegates to the Convention, to persons who were not qualified 
electors, by the fundamental laws of the State, has been alledged as 
a justification for the Convention which formed what they have 
been pleased to term the People's Constitution. 

Measures however, were taken before the June session, by the 
friends of the suffrage movement to organize a Convention by their 
own authority. 

In May last, at a large meeting in Newport under the auspices of 
the Suffrage association, measures were taken for calling a conven- 
tion of the people without any regard to the fundamental laws of 
this State, which for nearly two hundred years, have required the 
possession of a freehold, to entitle a person to be admitted to the ex- 
ercise of political power, and to be a member of the body politic and 
corporate. A portion of the people, responded to the call of this un- 
authorized body, and met in the several towns to choose delegates 
to a Convention to form a Constitution for this State, to be holden 
at Providence, October 9th 1841. 

This was in anticipation of the lawful Convention which was to 
meet on the first Monday of November last. 

The unauthorized Convention assembled in Providence, at the time 
appointed. They were the delegates of a minority of the people in 
whatever sense the word people may be understood. A small portion 
of the freeholders joined in this irregular election, and although all 
persons were admitted to vote who chose, not more than about seven 
thousand two hundred votes, gave any appearance of sanction to 
this Convention. The number of white male citizens of the United 
States, resident in this State over 21 years of age exceed 22,000. 

Such was the authority upon which this Convention assembled 
and proceeded to act. It has been generally supposed that this con- 
vention proceeded simply without law and not against law; but as they 
assumed the authority which under y the laws of this State wa 
to be exercised by another convention, chosen by the freemen for 
that purpose, they acted in opposition to the law under which the 
lawful convention was called, in violation of the right which be- 



8 

longed to the legally qualified electors, to make a Constitution for 
this State, and their doings were not only without law but against 
law. 

This unlawful convention, elected by a minority of the people, 
proceeded to the solemn work of forming a Constitution to be pro- 
posed to the people of this State, and also exercised one of the most 
important powers of Sovereignty ; of their own authority they de- 
cided what portion of the people should, and what portion should 
not vote upon the adoption or rejection of the Constitution. At 
meetings holden under their authority, their Constitution was sub- 
mitted to those whom they pleased to recognize as the people. It 
was voted for, during three days, in open meetings, and three days by 
votes collected from all quarters, by any person or persons, and 
brought to the pretended Moderator, and with no opportunity for 
detection of frauds. "Votes thus collected and counted by their own 
mode of computation, they have declared to have been given by 
a majority of the people, and by the same usurped authority, have 
proclaimed their Constitution to be the supreme law of this State. 

The lawful Convention met at the time appointed, on the first 
Monday of November last. On the question of suffrage, they deci- 
ded to admit persons to vote who did not possess a freehold qualifi- 
cation. They decided not to admit in future, the eldest sons of 
freeholders as qualified voters. On the question, what personal 
property qualification would be required, there were three propositions; 
one proposing five hundred, another three hundred, and another two 
hundred dollars. The vote being taken on the largest sum first, it 
was decided in favor of this. On further reflection, it was ascer- 
tained that rejecting the eldest sons and requiring a personal property 
qualification of the value of five hundred dollars, would not be an 
extension, but a diminution of the number entitled to vote. At this 
period of their deliberations, the convention adjourned, to meet again 
on the 14th of February, to ascertain the sentiments of their constit- 
uents on this fundamental question. Before this time however, the 
Suffrage Convention completed their work and declared their consti- 
tution the supreme law. At the session of this General Assembly in 
January last they communicated their constitution and their declar- 
ation to the General Assembly. At the commencement of the Jan- 
uary session, Mr. Atwell, who had been a member of the suffrage 
convention, introduced an act reciting the fact of the adoption of 
the suffrage constitution by a majority of the people, and its having 
become the supreme law, and requiring this General Assembly to 
yield up its authority to the new government, which was to be 
formed under it. 

This step being found too bold to meet with any countenance in 
this Assembly, he afterwards made a motion to inquire how many 



of the legally qualified voters in the State, had voted for this Con- 
stitution. This motion did not prevail. The Legislature was not 
disposed to sanction, in any manner, the doings of this Convention, 
or the voting under their authority. The following resolutions were 
then passed by the General Assembly with much unanimity, but 
seven voting against them. 

State of Rhode-Island, and Providence Plantations. 

In General Assembly, January Session, A. D. 1842. 

Whereas a portion of the people of this State, without the forms 
of law, have undertaken to form and establish a constitution of gov- 
ernment for the people of this State, and have declared such Con- 
stitution to be the supreme law, and have communicated such 
Constitution unto this General Assembly; and whereas many of the 
good people of this State are in danger of being misled by these 
informal proceedings ; therefore, 

It is hereby resolved by this General Assembly, That all acts 
done by the persons aforesaid, for the purpose of imposing upon this 
State a Constitution, are an assumption of the powers of government, 
in violation of the rights of the existing government, and of the rights 
of the people at large. 

Resolved, That the Convention called and organized, in pursu- 
ance of an act of this General Assembly, for the purpose of forming 
a Constitution to be submitted to the people of this State, is the only 
body which we can recognize as authorized to form such a Consti- 
tution ; and to this Constitution the whole people have a right to 
look, and we are assured they will not look in vain, for such a form 
of government as will promote their peace, security and happiness. 

Resolved, That this General Assembly will maintain its own 
proper authority, and protect and defend the legal and constitutional 
rights of the people. True copy: — Witness, 

HENRY BOWEN, Sec'ry. 

This General Assembly, though they considered this pretended 
Constitution as a nullity, yet were disposed to consider the number 
of persons who had voted for it, as expressive of an opinion in the 
community that the right of suffrage should be very liberally 
extended. A bill was introduced into the Legislature, providing for 
such an extension of suffrage as was afterwards adopted by the legal 
convention. It was however deemed improper by many that this 
should be done by the General Assembly, and especially as the 
freemen had already sent delegates to a Convention, to decide upon 
this matter. As a substitute for this bill, and with a view to con* 
ciliation, the following act was passed : — 



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State of Rhode-Island and Providence Plantations. 
In General Assembly ', January Session, A. D. 1842. 
An Act in amendment of an Act entitled "An Act revising the 
Act entitled an Act regulating the manner of admitting Freemen, 
aftd directing the method of electing officers in this State." 

Whereas the good people of this State, having elected delegates 
to a Convention to form a Constitution, which Constitution, if rati- 
fied by the people, will be the supreme law of the State, therefore, 
Be it enacted by the General Assembly, as follows :— 

All persons now qualified to vote, and those who may he qualified 
to vote under the existing laws previous to the time of such their vo- 
ting, and all persons who shall be qualified to vote under the pro- 
visions of such Constitution, shall be qualified to vote upon the ques- 
tion of the adoption of said Constitution. 
True copy : — Witness, 

HENRY BOWEN, Sec'ry. 

The legally authorized Convention met at the time to which they 
had adjourned, (the 14th of February,) finished their work, and sub- 
mitted their Constitution to the people to be voted upon on the 
21st, 22d, and 23d of March, 1842. The provisions of this Consti- 
tution extended the right of suffrage to every white male native 
citizen of the United States, of the age of 21 years, who has resided 
in this State two years, and in the town or city where he offers to 
vote, six months next preceding his voting, excepting lunatics, 
paupers, &c. ; and to such naturalized citizens as possessed such 
freehold qualification as has been heretofore required for all citizens, 
on a residence of three years in this State after their naturalization, 
and six months in the town or city in which they offer to vote, next 
preceding the time of voting. 

This extension was as liberal to all native born American citizens 
as that granted by the so called " People's Constitution," except 
that two years residence was required instead of one. It was a fur- 
ther extension than was contemplated by the bill already mentioned, 
introduced by Mr. Atwell, at the June Session. 

In relation to those who were born in foreign countries, it was 
not deemed prudent that they should be admitted to the right of 
suffrage as freely as the native born citizen, and not until, by a 
longer residence, and a freehold qualification, there was such " evi- 
dence of permanent common interest with and attachment to the 
community" as would render it safe to extend to them, this most 
important right. 

It was to have been expected that the native born citizens of the 
United States, resident among us, who have been so desirous of 
an extension of suffrage, would have accepted this Constitution in 



11 

the same spirit of conciliation and compromise with which it was 
offered them. Many have done so ; and many more would have 
done so, if pains had not been taken by their interested leaders, to 
pledge tnem to vote against this Constitution before it was ever 
formed. And many have said that they would not vote for it if it 
had been word for word like their own. 

Such a spirit is beyond the reach of conciliation or compromise. 
Nothing can satisfy such men but a triumph over the law, and a 
prostration of the government to their unhallowed purposes. 

By a. small majority (676)the Constitution has been rejected. We 
have no doubt many voted against it from their attachment to the 
freehold qualification. Some voted against it because the colored 
people were not placed on the same platform with white men ; oth- 
ers because they considered the representation irj the Legislature un- 
equal ; and we have reason to believe that many voted against it, 
being deceived by the grossest misrepresentations, and having been 
told they would lose, if this Constitution was adopted, certain rights 
and privileges to which they were well known to be much attached. 

We have seen, on the part of a portion of the free suffrage men, a 
zeal, in opposition to this Constitution, which offered to them more 
than they originally asked, that cannot be accounted for, upon the 
principles of interest and prudence which govern men in ordinary 
times. With them, the contest has ceased to be for principle ; it has 
become a contest for power ; not for power under ordinary circum- 
stances, for the honors or emoluments of office, under the same laws 
and the same government, but a contest for power, in violation of eve- 
ry righteous principle, to the destruction of all law, and all legitimate 
government. 

We cannot for a moment doubt on which side all good citizens 
will array themselves when such a contest is brought to that issue, 
which is threatened by those resolutions these deluded men have 
already passed, ' That they will support their Constitution " by all 
necessary means " and repel force by force." ' 

The duty of the government is most plain. We are required to 
protect the citizen by legislation when the laws are defective, to 
warn the deluded how they act, in violation of the laws, and to ex- 
ert the means put into our hands to vindicate the rights of the gov- 
ernment, and to guard the peace and happiness of the State. 

With this view, your Committee recommend the passage of a bill 
herewith presented, which, in their opinion, is necessary to meet the 
exigency of the times. Your Committee also recommend the pas- 
sage of the following resolutions : 

Resolved, That his Excellency the Governor, be requested to is- 
sue his proclamation to the good people of this State, exhorting 
them to give no aid or countenance to those who, in violation of th« 



12 

law, may attempt to set up a government in opposition to the exist- 
ing government of this State, and calling upon them to support the 
constituted authorities for the preservation of the public peace and 
in the execution of those laws on which the security of all depends. 

Resolved, That his Excellency, the Governor, be, and he is here- 
by authorized to adopt such measures, as in his opinion may be nec- 
essary, in the recess of this Legislature, to execute the laws and pre- 
serve the State from domestic violence : and that he be, and is here- 
by authorized, to draw on the General Treasurer for such sums as 
mav be required for these purposes. 

Resolved, That the report and the act accompanying, entitled "an 
act in relation to offences against the sovereign power of the State," be 
published in all the newspapers in this State; that ten thousand 
copies be printed in pamphlet form, and that the Secretary of State 
cause the same to be forthwith distributed in the several towns of 
this State and the city of Providence ; and that five copies of 
the same be sent to the Governors of each State, and a copy each 
to the President, Yice President, members of the Cabinet, Senators, 
and members of the House of Representatives of the United States. 



13 



AN ACT in relation to offences ngainsffhe Sovereign 
power of the State. 

Whereas, in a free government it is especially necessary 
that the duties of the citizen to the constituted authorities 
should be plainly defined, so that none may confound our 
regulated American liberty with unbridled license; and 
whereas, certain designing persons, have for some time 
past, been busy with false pretences, amongst the good 
people of this State, and have framed and are now en- 
deavoring to carry through, a plan for the subversion of 
our government under assumed forms of law r , but in plain 
violation of the first principles of constitutional right, and 
many have been deceived thereby : And whereas this 
General Assembly, at the same time that it is desirous to 
awaken the honest and well meaning to a sense of their 
duty, is resolved by all necessary means, to guard the safe- 
ty and honor of the State, and overlooking what is past, 
to punish such evil doers in future, in a manner due to 
their offences : 

Be it it enacted by the General Assembly as follows : 

Section 1. All town, ward or other meetings of the 
freemen, inhabitants, or residents of this State, or of any 
portion of the same, for the election of any town, city, ward, 
county or state officer or officers, called or held, in any 
town of this State, or in the city of Providence, except in 
the manner, for the purposes, at the times, and by the free- 
men, by law prescribed, are illegal and void ; and any 
person or persons who shall act as moderator or modera- 
tors, warden or wardens, clerk or clerks, in such preten- 
ded town, ward or other meetings hereafter to be held, or 
in any name or manner receive, record or certify votes 
for the election of any pretended town, city, ward, county 
or state officers, shall be deemed guilty of a misdemeanor 
and be punished by indictment with a fine not exceeding 
one thousand, nor less than five hundred dollars, and be 
imprisoned for the term of six months ; provided however, 



14 

that this act is not intended to apply to cases, in which by 
accident or mistake some prescribed form or forms of call- 
ward meetings of the freemen of the several 
tuvvus of this State, and of the city of Providence shaii be 
omitted or overlooked. 

Sec. 2. Any person or persons who shall in any manner 
signify that he or they will accept any executive, legislative, 
judicial or ministerial office or offices by virtue of any 
such pretended elections in any such pretended town, ward 
or other meeting or meetings, or shall knowingly suffer 
or permit his or their name or names, to be used as a 
candidate or candidates therefor, shall be adjudged guil- 
ty of a high crime and misdemeanor, and be punished by 
indictment in a fine of two thousand dollars, and be impris- 
oned for the term of one year. 

Sec. 3. If any person or persons, except such as are 
duly elected thereto according to the laws of this State, 
shall, under any pretended Constitution of government for 
this State or otherwise, assume to exercise any of the Le- 
gislative, Executive, or Ministerial functions of the offices 
of Governor, Lieutenant Governor, Senators, Members of 
the House of Representatives, Secretary of State, Attor- 
ney General, or General Treasurer of this State, or within 
the territorial limits of the same, as the same are now act- 
ually held and enjoyed, either separately or collectively, or 
shall assemble for the purpose of exercising any of said 
functions, all and every such exercise of, or meeting for the 
purpose of exercising all, any, or either of said functions, 
shall be deemed and taken to be an usurpation of the 
sovereign power of this State, and is hereby declared to be 
treason against the State, and shall be punished by impris- 
onment during life, as is now by law prescribed. 

Sec. 4. All offences under this act shall be triable be- 
fore the Supreme Judicial Court only. Any person or per- 
sons arrested under the same, and also for treason against 
the State, may be imprisoned or held in custody for trial in 
the jail of such county of the State as the Judge or Justice 
issuing the warrant may order or direct, and the sheriff or 
other officer charged with the service of such warrant, 



15 

shall, without regard to his precinct, have full power and 
authority to take such person or persons, and him or them 
to commit to any county jail in this State which may be 
designated by such Judge or Justice, and it shall be the 
duty of all sheriffs, deputy sheriffs, town sergeants, consta- 
bles and jailors to govern themselves accordingly. All in- 
dictments under this act, and also all indictments for treason 
against this State, may be preferred and found in any 
county of this State without regard to the county in which 
the offence was committed ; and the Supreme Judicial 
Court shall have full power for good cause, from time to 
time, to remove for trial any indictment which maybe 
found under this act, or for treason against the State, to 
such county of the State, as they shall deem best for the 
purpose of ensuring a fair trial of the same ; and shall up- 
on the conviction of any such offender or offenders, have 
full power to order, and from time to time to alter, the 
place of imprisonment of such offender or offenders to such 
county jail within this State, or to the State's prison, as 
to them shall seem best for the safe custody of such offen- 
der or offenders, any act, law or usage to the contrary not- 
withstanding. 



Secretary's Office, April 4, 1842. 
The foregoing is a true copy of the Report of Commit- 
tee, with the Resolutions and Act passed by the General 
Assembly thereon. 

Witness, HENRY BO WEN, Sec'ry. 



LIBRARY OF CONGRESS 



021 051 756 ft 



